The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020

The Plant Health (Fees) (Forestry) (Wales) Regulations 2019 E+W

35.—(1) The Plant Health (Fees) (Forestry) (Wales) Regulations 2019 M1 are amended as follows.

(2) For regulation 2 substitute—

“Interpretation

2.— (1) In these Regulations—

“approved place of inspection” (“man arolygu a gymeradwywyd”) has the meaning given in article 3 of the Order;

“controlled consignment” (“llwyth a reolir”) means a consignment which —

(a)

is introduced into Wales from a third country, and

(b)

consists of, or includes—

(i)

isolated bark of a type that is described in the lists of the Phytosanitary Conditions Regulation that apply for the purposes of Articles 72(1) and 74(1) of the EU Plant Health Regulation, or in a decision adopted before 14 December 2019 by the European Commission pursuant to Article 16(3) of Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread in the Community M2 ;

(ii)

wood of a type that is described in the lists or a decision mentioned in sub-paragraph (i) other than wood packaging material which is actually in use in the transport of objects of all kinds;

“the EU Plant Health Regulation” (“Rheoliad Iechyd Planhigion yr UE”) means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants M3 ;

“licence” (“trwydded”) means an authorisation for the purposes of any derogation described in Article 8(1) or 48(1) of the EU Plant Health Regulation;

“the Order” (“y Gorchymyn”) means the Plant Health (Forestry) Order 2005 M4 ;

“plant passport authority” (“awdurdodiad pasbort planhigion”) means an authorisation described in Article 89(1) of the EU Plant Health Regulation;

“remedial notice” (“hysbysiad adfer”) means a notice served under article 31(1) or (4) of the Order;

“remedial work” (“gwaith adfer”) means any steps taken by a person for the purposes of complying with a remedial notice, or by an inspector under article 32(1) of the Order;

“WPM authorisation” (“awdurdodiad DPP”) means an authorisation described in Article 98(1) of the EU Plant Health Regulation.

(2) Words and expressions which are not defined in these Regulations and which appear in the EU Plant Health Regulation or in Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure that application of food and feed law, rules on animal health and welfare, plant health and plant protection products M5 have the same meaning in these Regulations as they have in the EU instrument in question.”

(3) In regulation 3, after paragraph (5) insert—

“(5A) The fee payable in connection with an application to the Welsh Ministers for a phytosanitary certificate for export or phytosanitary certificate for re-export is the fee specified in Schedule 4A.

(5B) The fee payable in connection with an application to the Welsh Ministers for a WPM authorisation is the fee specified in Schedule 4B.”

(4) After Schedule 4 insert—

Regulation 3(5A)

“SCHEDULE 4A E+W Fees in connection with an application for a phytosanitary certificate for export or phytosanitary certificate for re-export

(1) Service	(2) Fee
The consideration of an application, including the issue, where appropriate, of a phytosanitary certificate or a phytosanitary certificate for re-export	£15.00
The examination or testing of plants, plant products or other objects and associated activities (including travelling and office time):
(a) up to and including the first hour;	£27.00
(b) thereafter, for each additional 15 minutes or part thereof	£7.50.

Regulation 3(5B)

SCHEDULE 4B E+W Fees in connection with an application for a WPM authorisation

(1) Type of application	(2) Fee
Application for a WPM authorisation, other than a renewal of an existing WPM authorisation	£400.00
Application for a renewal of an existing WPM authorisation	£120.00
Application for a re-assessment for the purposes a WPM authorisation	£120.00”.

Commencement Information

I1 Reg. 35 in force at 31.1.2020, see reg. 1(2)

Marginal Citations

M1 S.I. 2019/497 (W. 114); there is a relevant prospective amendment within S.I. 2019/735 (W. 138).

M2 OJ No L 169, 10.7.2000, p. 1 as last amended by Commission Implementing Directive (EU) 2019/523 (OJ No L 86, 28.3.2019, p. 41).

M3 OJ No. L 317, 23.11.2016, p. 4, as amended by Regulation (EU) 2017/625 of the European Parliament and of the Council (OJ No L 95, 7.4.2017, p. 1).

M4 S.I. 2005/2517, relevant amending instruments are: S.I. 2013/755 (W. 90), S.I. 2014/2420, S.I. 2019/734.

M5 OJ No. L 317, 23.11.2016, p. 4, as amended by Regulation (EU) 2017/625 of the European Parliament and of the Council (OJ No. L 95, 7.4.2017, p. 1).